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CITY OF TUCSON v. POLAR WATER CO.

No. 5607.

76 Ariz. 404 (1954)

265 P.2d 773

CITY OF TUCSON et al. v. POLAR WATER CO.

Supreme Court of Arizona.

January 18, 1954.

Attorney(s) appearing for the Case

Harry L. Buchanan, City Atty., Tucson, J. Luther Davis and F. Dale Healy, Assts. City Atty., Tucson, for appellants.

Knapp, Boyle, Bilby & Thompson, Tucson, by B.G. Thompson, Tucson, for appellee.

Clifford R. McFall, Tucson; Jennings, Strouss, Salmon & Trask, Phoenix, by Irving A. Jennings; A.B. Spector, Phoenix; Snell & Wilmer, Phoenix, by Mark Wilmer and Perry Ling, Phoenix; Wm. C. Eliot, City Atty., and Arthur B. Parsons, Jr., Asst. City Atty., Phoenix, amici curiae.

WINDES, Justice.

For the facts reference is made to the former opinion, 76 Ariz. 126, 259 P.2d 561.

From a consideration of the motion for rehearing, we find some confusion in the minds of counsel for plaintiff and amici curiae concerning the effect of the original opinion, and while we do not depart from the ultimate conclusion reached therein, we do feel that some clarification and modification...

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